Human Rights groups and activists in Uganda have initiated a legal battle against the government’s severe Anti-Homosexuality Act, a law that has caused widespread condemnation internationally.
Signed by President Yoweri Museveni in May, the law intensifies the already harsh stance against LGBTQ+ individuals in Uganda, imposing the death penalty for certain homosexual acts and life imprisonment for others.
The recent legislation has led to numerous arrests of queer individuals and has fueled a surge in violence and discrimination against the LGBTQ+ community in Uganda. Despite the existing prohibitions on homosexual acts in Uganda, the 2022 revision of the Anti-Homosexuality Act has significantly increased the risks faced by the LGBTQ+ population.
In August, a young man became the first individual charged under the new law, accused of “aggravated homosexuality” for his involvement in a same-sex relationship. Although Uganda has not executed anyone since 2005, the threat of capital punishment looms over those charged under this law.
Various LGBTQ+ organisations have united to challenge the constitutionality of this draconian law, asserting that it violates the fundamental rights to equality and dignity guaranteed by the Ugandan constitution. The challenge faces opposition from defenders of the law, including Uganda’s attorney general and religious leaders, who argue that the legislation reflects the nation’s conservative and religious values.
The case began its hearing phase on Monday, December 18, and is being overseen by a panel of five judges. They are currently reviewing submissions from both the prosecution and defence teams. While no date for the final ruling has been set, the legal teams are hopeful for a decision before year-end.
This critical legal challenge is seen as a pivotal moment for human rights in Uganda. Nicholas Opiyo, a leading lawyer for the petitioners, highlighted the case’s significance, emphasising the need for the Constitution to protect all members of society, regardless of sexual orientation. The petitioners, including academics and politicians, argue that the law was enacted without adequate public consultation.
The stringent Anti-Homosexuality Act has drawn international outrage, leading to diplomatic tensions and economic repercussions, including visa restrictions from the United States and a halt in new loans from the World Bank to Uganda. Despite this, the Ugandan government remains steadfast in its position, refusing to yield to international pressure and affirming its commitment to uphold what it sees as national values against the “LGBT agenda.”
